Agreement between the Islamic Republic of Afghanistan and Hizb-e-Islami

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Country/entity: Afghanistan
Region: Europe and Eurasia
Agreement name: Agreement between the Islamic Republic of Afghanistan and Hizb-e-Islami
Date: 22 Sep 2016
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Afghan Wars (1979 - )
The agreements are drawn from two distinct conflict periods. Post Soviet-intervention period. First, after an uprising against the communist government, the Soviet Union invaded Afghanistan in December 1979 and set up a puppet government. Fierce resistance came in on the form of domestic and foreign Mujahidin fighters who, by 1988, forced the Soviet Union to withdraw. The Communist government that remained was defeated in 1992 against a background of violence, which spiralled into a tumultuous multi-party civil war with a strong tribal basis. In 1993 a peace accord was signed, but by 1994 the conflict realigned itself as the Islamic-based Taliban emerged from the refugee camps, eventually occupying the capital city of Kabul in September 1996 spurring groups that had militantly opposed the communist government to unite in opposition to the Taliban.

Post US-intervention period. After the terror attacks on September 11, 2001, the United States invaded Afghanistan and removed the Taliban from power. In December 2001, the UNSC mandated the International Security Assistance Force (ISAF) to assist Afghanistan’s interim authorities. In 2003 ISAF command was placed under NATO’s responsibility. Within three years, however, the Taliban managed to re-group and re-structure and launched intense resistance to the internationally-recognized Afghanistan government and NATO support troops. Despite this resurgence of the Taliban, NATO leaders lacked the necessary support for the mission abroad, and NATO troops were withdrawn by the end of 2014.
Stage: Framework/substantive - partial
Conflict nature: Government
Peace process: Afghanistan: 2000s Post-intervention process
Parties: President of the IRA Mohammad Ashraf Ghani, chairman of HIA delegation Gulbuddin Hekmatyar, chairman of HPC Peer Sayed Ahmad Gailani and HIA head of peace delegation, Mohammad Ameen Karim.
Third parties: -
Description: This agreement contains mutual commitments of the Afghanistan government and the Hizb-e-Islami group. The government agrees to work towards lifting international restrictions against Hizb-e-Islami members, prisoner release, rights to political activities and participation, and facilitation of inclusion in government institutions. Hizb-e-Islami commits to a ceasefire, cutting ties with terrorist groups, and to support the work of the High Peace Council.

Agreement document: AF_160929_Agreement between the Islamic Republic of Afghanistan and Hizb-e-Islami.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Rhetorical
Page 1, Article Three
Both parties believe that all people both man and woman enjoy equal right and responsibility before law indiscriminately and without concession. The single and united Afghanistan belongs to all brave tribes and people of this territory and national sovereignty is the unquestionable right of nation that enforces it directly or through its elected representatives.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Substantive
Page 3, Second Chapter: The parties’ commitments, First section: commitments of the Government of the Islamic Republic of Afghanistan, Article Sixteenth
The GoIRA pledges to undertake comprehensive measures including providing pieces of land for accommodation with essential resources in Kabul and other provinces for settlement of problems of refugees of camp Nasrat Meena and other Afghan refugees in Pakistan and Iran and their volunteer honorable and sustainable repatriation to the homeland. In this direction, the GoIRA pleads to pave the way as the first step of the practical volunteer repatriation of about 20000 refugee families with the help of the international community. Meanwhile the GoIRA undertakes essential measures towards tackling HIA martyrs and handicapped relatives problems like other martyrs and handicapped of the country. Implementation of know-how of this program to be arranged and registered by the joint executive commission.
Social class: No specific mention.

Gender

Women, girls and gender: Page 1, Article Three
Both parties believe that all people both man and woman enjoy equal right and responsibility before law indiscriminately and without concession. The single and united Afghanistan belongs to all brave tribes and people of this territory and national sovereignty is the unquestionable right of nation that enforces it directly or through its elected representatives.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: Page 2, Article Two
Both parties believe that the religious principles and guidelines would be the main pillar of all laws and government performances, as the second and third articles of the country’s constitution emphasize too that the holy religion of Islam is the official religion of the Government of Islamic Republic of Afghanistan and no law could be against the believes and orders of Islam, the holy religion in Afghanistan.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→General references
Page 3, Second Chapter: The parties’ commitments, First section: commitments of the Government of the Islamic Republic of Afghanistan, Article Thirteenth
The GoIRA obliges itself to provide essential conditions for presence and partnership of HIA in government institutions according to constitution. The proper and acceptable framework quality for implementation of this issue will be arranged by the High Peace Council in coordination with HIA delegation and will be recommended to the presidential authority.
Elections: Page 2, Second Chapter: The parties’ commitments, First section: commitments of the Government of the Islamic Republic of Afghanistan, Article Eight
The GoIRA pledges that in consultation with political, civil and government institutions of the country to pave the way towards further reform of election process and submit specific plans in this regard. The government also commits to pave the way for attendance of HIA in the reform process of electoral system. If due to shortage of time, the reforms of electoral system can’t be focused to upcoming election, the government in consultation with all concerned institutions would be committed to amend the electoral system based on proportionate party electoral system. Similarly, the presence of HIA in electoral structures will be ensured according to the law.
Electoral commission: No specific mention.
Political parties reform: Governance→Political parties reform→Other political parties reform
Page 2, Second Chapter: The parties’ commitments, First section: commitments of the Government of the Islamic Republic of Afghanistan, Article Seven
The GoIRA pledges to announce officially to recognize the right of political activity of Hezb-e-Islami in all socio-political dimensions in accordance with enforced laws of the country, cooperate for its implementation as the Hezb-e-Islami can attend parliamentary, presidential, provincial and municipality elections and have its candidates.
Page 3, Second Chapter: The parties’ commitments, First section: commitments of the Government of the Islamic Republic of Afghanistan, Article Thirteenth
The GoIRA obliges itself to provide essential conditions for presence and partnership of HIA in government institutions according to constitution. The proper and acceptable framework quality for implementation of this issue will be arranged by the High Peace Council in coordination with HIA delegation and will be recommended to the presidential authority.

Page 4, Second Chapter: The parties’ commitments, Second section: commitments of the Hezb-e-Islami of Afghanistan, Article Twentieth
HIA obliges itself to cooperate the NUG as a political party in defense and ensuring reliable security throughout the country and activates its offices in the capital and provinces as an official political party.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: Page 1, Article Two
Both parties believe that the religious principles and guidelines would be the main pillar of all laws and government performances, as the second and third articles of the country’s constitution emphasize too that the holy religion of Islam is the official religion of the Government of Islamic Republic of Afghanistan and no law could be against the believes and orders of Islam, the holy religion in Afghanistan.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→General commitments
Page 3-4, Second Chapter: The parties’ commitments, Second section: commitments of the Hezb-e-Islami of Afghanistan, Article Eighteenth
Following the officials announcement by this agreement of the HPC of the GoIRA, HIA officially announces that to carry out activities as an important political party in the sake of the country’s interests, permanent ceasing of war and violence and ensuring of reliable peace in the country, respect the constitution, establish permanent truce, stop every military escalations and provocations and dissolve its military structures...
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→DDR programmes
Page 3, Second Chapter: The parties’ commitments, First section: commitments of the Government of the Islamic Republic of Afghanistan, Article Fourteenth
The GoIRA pledges to recruit eligible HIA individuals and commanders who are interested to serve in the country’s security and defense forces. The GoIRA is committed to prepare the ground of their legal honorable reliable integration in the society. Knowhow of implementation of this article will be arranged through joint executive commission.

Page 3-4, Second Chapter: The parties’ commitments, Second section: commitments of the Hezb-e-Islami of Afghanistan, Article Eighteenth
Following the officials announcement by this agreement of the HPC of the GoIRA, HIA officially announces that to carry out activities as an important political party in the sake of the country’s interests, permanent ceasing of war and violence and ensuring of reliable peace in the country, respect the constitution, establish permanent truce, stop every military escalations and provocations and dissolve its military structures. The joint executive commission adopts essential measures for implementation of this article as soon as possible...
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: [Summary: This agreement in its entirety provides for the political reintegration of the rebel group Hezb-E-Islami.]

Page 2, Second Chapter: The parties’ commitments, First section: commitments of the Government of the Islamic Republic of Afghanistan, Article Eleventh
...HIA commits that the released members of Hezb-e-Islami would not go to battlefields against the GoIRA and would never join any illegal and terrorist armed group. Supervision over settlement of any difference in this connection would be turn over to the joint executive commission with good will.

Page 3, Second Chapter: The parties’ commitments, First section: commitments of the Government of the Islamic Republic of Afghanistan, Article Fourteenth
The GoIRA pledges to recruit eligible HIA individuals and commanders who are interested to serve in the country’s security and defense forces. The GoIRA is committed to prepare the ground of their legal honorable reliable integration in the society. Knowhow of implementation of this article will be arranged through joint executive commission.

Page 4, Second Chapter: The parties’ commitments, Second section: commitments of the Hezb-e-Islami of Afghanistan, Article Nineteenth
HIA pledges that after the signing of this agreement announces that not to establish any relations with illegal armed organizations and terrorist groups and do not support them.
Withdrawal of foreign forces: Page 1, Article Four
Both parties support withdrawal of foreign military forces based on agreements for strengthening of national sovereignty and interests of the country and believe that through this unity and solidarity, the inhabitants of Afghanistan can halter crisis stem from war and confront threats.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: Page 2, Second Chapter: The parties’ commitments, First section: commitments of the Government of the Islamic Republic of Afghanistan, Article Eleventh
...HIA commits that the released members of Hezb-e-Islami would not go to battlefields against the GoIRA and would never join any illegal and terrorist armed group. Supervision over settlement of any difference in this connection would be turn over to the joint executive commission with good will.

Page 4, Second Chapter: The parties’ commitments, Second section: commitments of the Hezb-e-Islami of Afghanistan, Article Nineteenth
HIA pledges that after the signing of this agreement announces that not to establish any relations with illegal armed organizations and terrorist groups and do not support them.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 2, Second Chapter: The parties’ commitments, First section: commitments of the Government of the Islamic Republic of Afghanistan, Article Eleventh
In conformity and signing of this agreement, the GoIRA guarantees the judicial security of leader and members of Hezb-e-Islami concerning the past political and military steps. The GoIRA pledges to release prisoners and captives of HIA that include the agreed list and who have not committed criminal crimes and there would be no personal claims by certain individuals against them, in no later than three months, through an overt commission that would be formed for this purpose. HIA commits that the released members of Hezb-e-Islami would not go to battlefields against the GoIRA and would never join any illegal and terrorist armed group. Supervision over settlement of any difference in this connection would be turn over to the joint executive commission with good will.

Page 3-4, Second Chapter: The parties’ commitments, Second section: commitments of the Hezb-e-Islami of Afghanistan, Article Eighteenth
...Hezb-e-Islami of Afghanistan commits to release those detainees who are in captivity with the signing of this agreement as quick as possible and hand them over to the Afghan government. The GoIRA undertakes essential measures for security of HIA individuals.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 4, Second Chapter: The parties’ commitments, Second section: commitments of the Hezb-e-Islami of Afghanistan, Article Twenty-Fourth
In case of emergence of any possible difference in this agreement, both parties settle the difference through friendly consultation and negotiations and with good will in the joint commission that both sides and carryout activities under the management of HPC would determine its members.
Related cases: No specific mention.
Source: Bakhtar News
http://www.bakhtarnews.com.af/eng/politics/item/25074-full-text-of-agreement-between-goira--hezb-e-islami-of-afghanistan-led-by-gulbuddin-hekmatyar.html

Agreement Between Goira & Hezb-E-Islami Of Afghanistan Led By Gulbuddin Hekmatyar

Monday September 26, 2016, Kabul (BNA)

Article One

With strong and unshakable faith to Allah the Almighty and sincere believe in holy religion of Islam, both parties oblige themselves to unconditional obedience of the lofty principles of this religion and set it as their goal.

Article Two

Both parties believe that the religious principles and guidelines would be the main pillar of all laws and government performances, as the second and third articles of the country’s constitution emphasize too that the holy religion of Islam is the official religion of the Government of Islamic Republic of Afghanistan and no law could be against the believes and orders of Islam, the holy religion in Afghanistan.

Article Three

Both parties believe that all people both man and woman enjoy equal right and responsibility before law indiscriminately and without concession.

The single and united Afghanistan belongs to all brave tribes and people of this territory and national sovereignty is the unquestionable right of nation that enforces it directly or through its elected representatives.

Article Four

Both parties support withdrawal of foreign military forces based on agreements for strengthening of national sovereignty and interests of the country and believe that through this unity and solidarity, the inhabitants of Afghanistan can halter crisis stem from war and confront threats.

Second Chapter:

The parties’ commitments

First section:

commitments of the Government of the Islamic Republic of Afghanistan

Article Five

The GoIRA guarantees that with the signing of this agreement, in contact with the UNSC and all concerned governments and bodies starts removal of sanctions imposed on the HIA, its leader and members with submitting of official request for removal of sanctions for permanent termination of war and restoration of a sustainable peace and security in Afghanistan.

The Afghan government is also obliged to make all possible efforts using all available resources in this direction to remove every kind of sanctions against leader and members of HIA as quick as possible.

Article Six

Simultaneous with the signing of this agreement, the GoIRA officially announces that the leader and other prominent dignitaries of HIA can freely live everywhere in this country according to prevailing laws and the GoIRA obliges itself to provide essential and suitable conditions for implementation of this objective.

Article Seven

The GoIRA pledges to announce officially to recognize the right of political activity of Hezb-e-Islami in all socio-political dimensions in accordance with enforced laws of the country, cooperate for its implementation as the Hezb-e-Islami can attend parliamentary, presidential, provincial and municipality elections and have its candidates.

Article Eight

The GoIRA pledges that in consultation with political, civil and government institutions of the country to pave the way towards further reform of election process and submit specific plans in this regard.

The government also commits to pave the way for attendance of HIA in the reform process of electoral system.

If due to shortage of time, the reforms of electoral system can’t be focused to upcoming election, the government in consultation with all concerned institutions would be committed to amend the electoral system based on proportionate party electoral system.

Similarly, the presence of HIA in electoral structures will be ensured according to the law.

Article Ninth

The jihadi leader of Afghanistan Gulbuddin Hekmatyar will be particularly respected, and honored with a special decree by the president of the IRA for ensuring peace in the country and his efforts for liberation of Afghanistan.

Article Tenth

The leader of Hezb-e-Islami could choose two or three suitable places for his residence in Afghanistan and the government would provide essential security condition and certain and reasonable expenditures for him.

Article Eleventh

In conformity and signing of this agreement, the GoIRA guarantees the judicial security of leader and members of Hezb-e-Islami concerning the past political and military steps.

The GoIRA pledges to release prisoners and captives of HIA that include the agreed list and who have not committed criminal crimes and there would be no personal claims by certain individuals against them, in no later than three months, through an overt commission that would be formed for this purpose.

HIA commits that the released members of Hezb-e-Islami would not go to battlefields against the GoIRA and would never join any illegal and terrorist armed group.

Supervision over settlement of any difference in this connection would be turn over to the joint executive commission with good will.

Article Twelfth

For further strengthening of the NUG and towards creation of trustworthy atmosphere between GoIRA and HIA, the leading body of the GoIRA pledges that the presence of HIA would be ensure in consultative process for arrangement and implementation of important government and national policies.

Article Thirteenth

The GoIRA obliges itself to provide essential conditions for presence and partnership of HIA in government institutions according to constitution.

The proper and acceptable framework quality for implementation of this issue will be arranged by the High Peace Council in coordination with HIA delegation and will be recommended to the presidential authority.

Article Fourteenth

The GoIRA pledges to recruit eligible HIA individuals and commanders who are interested to serve in the country’s security and defense forces.

The GoIRA is committed to prepare the ground of their legal honorable reliable integration in the society.

Knowhow of implementation of this article will be arranged through joint executive commission.

Article Fifteenth

The separation period of those HIA officials and officers who had previously served in government departments and were dismissed, will be calculated as their service period according to law if they manage to submit legal documents.

Their recruitment will be taking place based on legal conditions.

Article Sixteenth

The GoIRA pledges to undertake comprehensive measures including providing pieces of land for accommodation with essential resources in Kabul and other provinces for settlement of problems of refugees of camp Nasrat Meena and other Afghan refugees in Pakistan and Iran and their volunteer honorable and sustainable repatriation to the homeland.

In this direction, the GoIRA pleads to pave the way as the first step of the practical volunteer repatriation of about 20000 refugee families with the help of the international community.

Meanwhile the GoIRA undertakes essential measures towards tackling HIA martyrs and handicapped relatives problems like other martyrs and handicapped of the country.

Implementation of know-how of this program to be arranged and registered by the joint executive commission.

Article Seventeenth

Repatriation of those HIA personalities and officials who are living out of the country, will be taking place according to this agreement.

Second section:

commitments of the Hezb-e-Islami of Afghanistan

Article Eighteenth

Following the officials announcement by this agreement of the HPC of the GoIRA, HIA officially announces that to carry out activities as an important political party in the sake of the country’s interests, permanent ceasing of war and violence and ensuring of reliable peace in the country, respect the constitution, establish permanent truce, stop every military escalations and provocations and dissolve its military structures.

The joint executive commission adopts essential measures for implementation of this article as soon as possible.

Hezb-e-Islami of Afghanistan commits to release those detainees who are in captivity with the signing of this agreement as quick as possible and hand them over to the Afghan government.

The GoIRA undertakes essential measures for security of HIA individuals.

Article Nineteenth

HIA pledges that after the signing of this agreement announces that not to establish any relations with illegal armed organizations and terrorist groups and do not support them.

Article Twentieth

HIA obliges itself to cooperate the NUG as a political party in defense and ensuring reliable security throughout the country and activates its offices in the capital and provinces as an official political party.

Article Twenty-First

HIA is completely prepared to make efforts towards ensuring permanent peace and stability in Afghanistan and realizing its religious and historical responsibilities.

Article Twenty Second

Since its signing, this agreement as an official confidential document will be reputable between the GoIRA and HIA with management and mediation of Afghanistan High Peace Council and will be implemented.

Every change that is requested after signing of this document by one of the parties, should be in written form and after both sides agreement would be inserted to the main document.

Article Twenty-Third

Both sides agree upon creation of a joint executive commission formed from the both parties authorized representatives for supervision and comprehensive implementation of this agreement.

The said commission would carry out activities under the monitoring of HPC of the GoIRA.

Article Twenty-Fourth

In case of emergence of any possible difference in this agreement, both parties settle the difference through friendly consultation and negotiations and with good will in the joint commission that both sides and carryout activities under the management of HPC would determine its members.

Article Twenty-Fifth

This agreement has been arranged in three chapters and twenty-five articles that would be signed by both sides.

President of the IRA Mohammad Ashraf Ghani, chairman of HIA delegation Gulbuddin Hekmatyar, chairman of HPC Peer Sayed Ahmad Gailani and HIA head of peace delegation, Mohammad Ameen Karim.